MADARBI Vs. MULLA SAB MARDAN SAB

JUDGEMENT

(1.) this writ petition is filed by the petitioners praying to quash the order passed by the land tribunal, haveri on 27-4-1982 granting occupancy rights in favour of respondent 1.

(2.) I have heard the counsel for the petitioners, counsel for respondents 1 to 3 and the government pleader for respondents 4 and 5.

(3.) respondent 1 mulla sab mardan sab filed form No. 7 claiming occupancy rights in s. No. 5 measuring 3 acres 7 guntas and s. No. 51 measuring 11 acres 5 guntas situated at yettinahalli village in haveri taluk. His form No. 7 came to be rejected by the tribunal on 3-9-1977. Respondent 1 preferred writ petition No. 1058 of 1978 and that writ petition came to be allowed and the matter was remitted to the land tribunal, haveri, for fresh disposal in accordance with law. After remand, the tribunal recorded the statement of mulla sab mardan sab, statement of petitioner 1 and passed orders granting occupancy rights in these lands to mulla sab mardan sab. The petitioners challenged this order before this court in writ petition no. 24437 of 1982. Subsequent to the coming into force of the Amendment Act, the writ petition came to be transferred to the land reforms appellate authority, haveri, and when the matter was pending on the file of the appellate authority, it came to be abolished and thereafter the matter came as a civil petition before this court and that civil petition has been converted into this writ petition.